Court No. - 85

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438

CR.P.C. No. - 624 of 2023

Applicant :- Ram Prasad And 3 Others

Opposite Party :- State of U.P.

Counsel for Applicant :- Akash Tomar

Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Jyotsna Sharma,J.

1. Heard Sri Akash Tomar, learned counsel for the applicants, learned A.G.A.

for the State and perused the record.

2. This application has been moved on behalf of the applicants- Ram

Prasad, Usha Rani, Ankur Agarwal and Shivam Agarwal seeking

anticipatory bail in Case Crime No.442 of 2022, under sections- 420, 467,

468, 471, 406, 452, 323, 504, 506 I.P.C., Police Station- Dhampur, District-

Bijnor.

3. As per allegations in the F.I.R. lodged on the basis of an application moved

by Sudhir Kumar Agarwal under section- 156(3) Cr.P.C., the applicant no.1

who happens to be real brother of first informant and his family members

prepared false and fabricated papers depicting them as proprietor of a firm

and the first informant as merely an investor; thereafter, in the name of

applicant no.2- Usha Rani a new firm was created with the assurance to the

first informant that he shall be given the part of profit earned but every time

the first informant demanded his share, he was avoided and dodged; the

applicants physically assaulted the other side and used foul words causing him

injuries and they also threatened that he will be enroped in some false case.

4. It is contended on behalf of the applicants that the first informant is real

brother of applicant no.1 and the applicant nos.2, 3 and 4 are the wife and

sons of applicant no.1; there is a dispute relating to the accounts and

proprietorship of the firm and also as regard to property; therefore to put

pressure on the applicants, an F.I.R. with concocted story has been lodged by

moving an application under section- 156(3) Cr.P.C. It is pointed out that

before filing of this F.I.R., a civil suit with the same subject matter has been

filed by the first informant against all the applicants arrayed as defendants; on

the basis of this fact, it is alleged that the matter is essentially civil in nature,

which has been attempted to be converted into criminal one by adding some

false facts as to physical assault etc.

5. The application for anticipatory bail is opposed by the learned A.G.A.

6. In case of Siddharam Satlingappa Mhetre v. State of Maharashtra,

(2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while

deciding anticipatory bail, Court must consider nature and gravity of

accusation, antecedent of accused, possibility of accused to flee from justice

and that Court must evaluate entire available material against the accused

carefully and that the exact role of the accused has also to be taken into

consideration.

7. In the instant case, considering the settled principles of law regarding

anticipatory bail, submissions of the learned counsel for the parties, nature of

accusation, role of applicant and all attending facts and circumstances of the

case, without expressing any opinion on merit of the case, a case for

anticipatory bail is made out.

8. Let the applicants- Ram Prasad, Usha Rani, Ankur Agarwal and

Shivam Agarwal involved in the aforesaid case crime number be released on

anticipatory bail till submission of charge-sheet on furnishing personal bond

and two sureties each of the same amount to the satisfaction of court

concerned, subject to the conditions as below:-

(i) that the applicants shall appear before the concerned Investigating Officer

and get their statement recorded within 15 days from today and shall also

furnish an affidavit of compliance before the court concerned;

(ii) further, that the applicants shall make themselves available for

interrogation by a police officer as and when required;

(iii) that the applicants shall not, directly or indirectly make any inducement,

threat or promise to any person acquai